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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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I signed a lease to move into an apartment on 7/1/16 school

Customer Question

I signed a lease to move into an apartment on 7/1/16 for the school year at my college. Anyway, I can no longer afford this. I have not moved in yet. I was told I can't get out of the lease and I must find someone to sublease the apartment. I was set up in the unit with 3 other roommates. After I signed the lease on 2/8/16 I was informed of the 3 roommates. I then found out one of the roommates had signed a lease but quit school and was trying to sublease and had been trying even before I signed the lease. Seems to me the apartment should have tried to sublease or re-rent me hers first since they put us together using their roommate match but they did not. I contacted this girl and she told me she has been trying since the beginning of the year to sublease and the apartment complex has never once contacted her with any potentials. When I told them yesterday I could not attend or afford they told me the same thing they told her, they would put me on the list and try to sub lease but I should also advertise. Seems they are not trying to sublease for anyone or mitigate anyones damages or they should have referred me to her before getting me to sign a lease with them. Antoher thing is I did the lease online and digitally signed. They told me it was approved and then sent an email that stated it was approved but they would be in contact --- Congratulations, you have been approved!Thank you for applying with Meadows Crossing for the 2016-2017 school year. We have processed your application and shortly you will be receiving your lease via email, which you will need to read through and digitally sign. Once this step is complete, we will set up a follow-up appointment to take a picture for your account and Meadows Crossing ID, as well as obtain your actual signature on the lease. If you have any questions in the meantime, please call us at(###) ###-#### ***** are happy to help! Thanks again for your interest in Meadows Crossing and we look forward to having you as a resident of our community!
JA: OK. The Landlord-Tenant Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: They never contacted me to come in a sign the lease
JA: Is there anything else the Landlord-Tenant Lawyer should be aware of?
Customer: No
JA: Our top Landlord-Tenant Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Landlord-Tenant Lawyer in on everything we've discussed. You can go back and forth with the Landlord-Tenant Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I have real all your comments but I don't see an actual legal question... If you can post your legal question, I can get you an answer..

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thanks

Barrister

Customer: replied 8 months ago.
This is in Michigan. My question is it does not appear the Apartment complex is trying to help students sublease. I need to get out of my lease. It starts on 7/1/16. They told me I can't I must try to sublease and they will help. But I can prove they are not helping students sublease or re-rent. And don't they have to do that according to Michigan Law. They rented to me when and did not tell me about students trying to sublease and then they put me in a unit and roommate matched me to another girl and I found out she was already trying to sublease. Aren't they required to sublease or re-rent her unit before signing up a new person with a brand new lease? I thought they had to try to mitigate damages. Does not appear they are doing that or helping students sublease, they just keep signing new leases and they are not referring potential new tenants to the subleasers. Also, is my lease binding since I never went in and signed and they said they would contact me - see copy below from the Apartment. They never contacted me to come in.Congratulations, you have been approved!Thank you for applying with Meadows Crossing for the 2016-2017 school year. We have processed your application and shortly you will be receiving your lease via email, which you will need to read through and digitally sign. Once this step is complete, we will set up a follow-up appointment to take a picture for your account and Meadows Crossing ID, as well as obtain your actual signature on the lease. If you have any questions in the meantime, please call us at(###) ###-#### ***** are happy to help! Thanks again for your interest in Meadows Crossing and we look forward to having you as a resident of our community!
Customer: replied 8 months ago.
is there anyway I can indicate to the complex that they are not helping students sublease and they are not following michigan law to mitigate damages. I am willing to let them keep my security deposit but the move in date is a number of months out I need to legal info that might be able to help me pursuade them to let me out of the lease since I know they are not helping students to mitigate damages.
Customer: replied 8 months ago.
When should I expect an answer back from you? Thank you.
Expert:  barristerinky replied 8 months ago.

My question is it does not appear the Apartment complex is trying to help students sublease.

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If your question is if they have a duty, then the answer is no, they have no legal duty to help students sublease. There is a bit of confusion about their duty and when it kicks in so let me clarify it.

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Their job is to lease apartments to tenants, and they have leased you yours and the other person hers. Unfortunately their duty doesn't extend to helping tenants get out off their leases. So in a priority for them to rent their own units or sublease yours, they are going to rent theirs first.

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Their duty to mitigate damages only kicks in if you actually breach the lease and don't move in when scheduled and don't pay rent when due. Then you are in breach and they have a legal obligation to try to limit their losses by trying to rent your unit.

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But even then, they don't have to push your unit over ones that they have vacant.

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As for your lease, if you did the electronic signature, then yes, courts recognize that as a legally binding signature.

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So the bot***** *****ne is that until your lease is set to begin and you are supposed to pay rent and don't, you aren't in breach so their duty to mitigate doesn't start.

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With that said, your best bet would be to try and sublease, even if for less than you agreed to pay, just to cut your losses and get someone in before the lease actually begins.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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